Here's where we step in with our experts, Relax With Tax.
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I was a salaried employer with a German firm at Bangalore from June 2004 to February 2005.
For the last six months, I have been writing to the company to obtain my Form 16. But to no avail. At the same time, the company has failed to clear my dues.
How must I file my returns in the absence of Form 16? What action can I take if the company refuses to hand it over to me?
- Sanjay Bhardwaj
The details provided by you seem to be incomplete.
In case the company has deducted any tax from your salary, it would need to provide you with Form 16.
If there has been no tax deduction, they should issue some kind of documentary evidence so as to enable your current employer to incorporate the previous employer's income in the new Form 16.
In any case, you could possibly try and provide the salary pay-slips to your new employer. They may accept it as an acceptable document for income inclusion.
In the absence of the true reasons for your leaving, if your separation is non-controversial and with clear cut documentation, you could write to the Income tax Public Relations Officer and request him to issue a guidance letter as to how to file your returns and what documents to be submitted in absence of Form 16.
I was working with a multinational organisation during the financial year 2004-05. Now I have joined a business school in India. My employers are still in the process of sending me Form 16.
Till what date can I file my income tax returns for the past year?
- Sameer Hejib
The stipulated date for filing income tax returns is July 31. However, you can file your returns after that date and it would be treated as a belated return.
In case your entire tax liability has been taken care of by your earlier employer, there would be no penal interest levied. But if there is still some tax to be paid, then you would need to pay penal interest on this unpaid amount.
If you file the returns after March 31, 2006, then you may be liable to pay a penalty of Rs 5,000 in addition to penal interest payable (if any).
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